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Tenth Circuit Applies Equitable Mootness to Appeals from Liquidating Chapter 11 Plans

Circuit says that some factors are more important than others when applying equitable mootness to appeals from liquidating plans.

Court :

Benchnotes June 2020

Bankruptcy Code

Topic Tags

Fraudulent Transfers

Plan Confirmation

Navigating Restructuring Considerations and Managing Distress Amid COVID-19

Chapter 13 Debtor Can’t Keep Postpetition Appreciation in Value of Stock Options

Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.

Court :

Third Circuit Revisits Stern: Bankruptcy Courts May Grant Nonconsensual Releases

Bankruptcy Code

11 U.S.C. § 105

Topic Tags

Bankruptcy Litigation

Plan Confirmation

Practice and Procedure

Venue/Jurisdiction

Business Reorganization

Finance and Banking

Investment Banking

Stripping Down a Mortgage on a Mixed-Use Property Under the SBRA

A New York court allows a chapter 11 case pending for 15 months to redesignate for treatment under the Small Business Reorganization Act.

Court :

New York Eastern District

Cramdown Must Not Put the Secured Creditor at Risk, Ninth Circuit BAP Says

Permanently reducing the claim by the appraised value without a backstop means the creditor isn’t receiving the ‘indubitable equivalent,’ BAP says.

Court :

Are Special Revenues as Special as They Once Were?

Bankruptcy Code

Topic Tags

Plan Confirmation

Practice and Procedure

Municipal Bankruptcy

Unexpected Bills: Navigating the Current U.S. Trustee Fee Landscape

Bankruptcy Code

Topic Tags

Plan Confirmation

Business Reorganization

Turnaround Issues

Uniform Commercial Code/Article 9

Mortgage Servicer Hit with $300,000 in Actual and Punitive Damages for Stay Violation

The creditor was guilty of an automatic stay violation, but Taggart insulated the creditor from liability for a discharge violation for continuation of the same conduct.

Court :

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